Case Digest no 6

VIRGILIO MAQUILAN, G.R. NO. 155409
Petitioner,
Present:

YNARES-SANTIAGO, J.,
Chairperson,
- versus - AUSTRIA-MARTINEZ,
CHICO-NAZARIO, and
NACHURA, JJ.
DITA MAQUILAN, Promulgated:
Respondent. June 8, 2007
x- - - - - - - - - - - - - - - - - -
AUSTRIA-MARTINEZ, J.:

Facts:

Herein petitioner and Herein respondent are spouses who had a blissful married life and out of which were blessed to have a son. Until she discovered that her husband was having illicit affair with her paramour. She files a case of adultery to both respondent and paramour, and was sentenced to suffer an imprisonment.
Thereafter, the respondent filed a declaration of Nullity of Marriage, Dissolution and Liquidation of Conjugal Partnership of Gains Damages, imputing psychological incapacity on the part of the Petitioner.
During the pre-trial of the said case, petitioner and private respondent entered into a Compromise Agreement.
However, the petitioner filed an Omnibus Motion praying for the repudiation of the Compromise Agreement and the reconsideration of the Judgment on Compromise Agreement by the respondent judge on the grounds that his previous lawyer did not intelligently and judiciously apprise him of the consequential effects of the Compromise Agreement.
The respondent Judge denied the aforementioned Omnibus Motion.
The petitioner filed a Petition for Certiorari and Prohibition with the CA under Rule 65 of the Rules of Court claiming that the RTC committed grave error and abuse of discretion amounting to lack or excess of jurisdiction. The CA dismissed the Petition for lack of merit, that the conviction of the respondent of the crime of adultery does not ipso facto disqualify her from sharing in the conjugal property, especially considering that she had only been sentenced with the penalty of prison correctional.

Issue:

WHETHER OR NOT, A COMPROMISE AGREEMENT ENTERED INTO BY SPOUSES, ONE OF WHOM WAS CONVICTED OF ADULTERY, GIVING THE CONVICTED SPOUSE A SHARE IN THE CONJUGAL PROPERTY, VALID AND LEGAL

Held

Yes,
Ruling:
It bears emphasizing that the intendment of the law in requiring the presence of the Solicitor General and/or State prosecutor in all proceedings of legal separation and annulment or declaration of nullity of marriage is to curtail or prevent any possibility of collusion between the parties and to see to it that their evidence respecting the case is not fabricated. In the instant case, there is no exigency for the presence of the Solicitor General and/or the State prosecutor because as already stated, nothing in the subject compromise agreement touched into the very merits of the case of declaration of nullity of marriage for the court to be wary of any possible collusion between the parties. At the risk of being repetiti[ve], the compromise agreement pertains merely to an agreement between the petitioner and the private respondent to separate their conjugal properties partially without prejudice to the outcome of the pending case of declaration of nullity of marriage.

WHEREFORE, the Petition is DENIED. The Decision of the Court of Appeals is AFFIRMED with MODIFICATION that the subject Compromise Agreement is VALID without prejudice to the rights of all creditors and other persons with pecuniary interest in the properties of the conjugal partnership of gains.

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